Estate planning is often viewed through the lens of married couples. However, for unmarried life partners, it’s even more essential, albeit with unique challenges. This guide delves into key considerations for ensuring your partner is protected and your wishes are honored.
Understanding the Legal Differences
Unlike married couples, unmarried partners don’t automatically receive legal protections or rights to each other’s assets. This makes proactive estate planning essential. Without a will or estate plan, state laws typically distribute assets to blood relatives, often leaving unmarried partners without legal claim.
Creating a Will: Your First Step
The cornerstone of many estate plans is a valid will. It’s vital to clearly outline how you wish to distribute your assets. For unmarried partners, explicitly naming each other in your wills ensures that the surviving partner is recognized as a beneficiary.
Consider a Living Trust
A living trust offers control over assets while you’re alive and dictates how they’re handled after your death. It’s a powerful tool for unmarried couples as it bypasses the often lengthy and public probate process, ensuring privacy and quicker distribution of assets.
Power of Attorney
Establishing durable powers of attorney for healthcare and property will allow your partner to make decisions on your behalf should you become incapacitated. This is key for unmarried couples, as they don’t automatically have the right to make medical or financial decisions for each other.
Living Will: Express Your Wishes
A living will outlines your wishes for life support utilization if you’re unable to communicate them. You can add comfort care medication and organ and tissue donation preferences if you choose to do so.
Beneficiary Designations: Retirement Accounts and Insurance
Don’t overlook beneficiary designations on retirement accounts and life insurance policies. These assets are transferred directly to the named beneficiaries, so you have to keep these designations updated to reflect your current wishes.
The Role of Life Insurance
Life insurance can be a vital component, particularly if your death would leave your partner financially vulnerable. It provides immediate funds to cover living expenses, debts, and/or funeral costs.
Digital Assets: An Emerging Consideration
In today’s digital age, consider how to handle digital assets like social media accounts, digital currencies, or online businesses. Include specific instructions and access information in your estate plan.
Estate Taxes: Planning for the Future
High net worth individuals can be exposed to estate taxes. There is a federal estate tax, and we have a state-level estate tax in Connecticut. Married couples can use an unlimited deduction to transfer assets free of transfer taxes, but this does not apply to other relationships.
The federal and state-level exclusion is $13.61 million this year, so if your assets exceed this amount, your estate is vulnerable. Fortunately, strategies can be implemented to mitigate the damage, and we can be engaged to help you preserve your legacy.
The Importance of Regular Updates
Life changes, and so should your estate plan. Regularly review and update your documents to reflect changes in your relationship, financial situation, or the law.
Securing Your Future Together
For unmarried life partners, proper estate planning is not just a legal exercise; it’s an act of love and responsibility. It provides peace of mind, knowing that your partner will be cared for and your wishes respected.
Remember, every couple’s situation is unique, so tailor your estate plan to fit your specific needs and circumstances. By taking these steps, you’re not only planning for the future but also strengthening the bond you share with your partner.
Take Action Today!
Regardless of your family dynamic, we can execute a plan that will bring your legacy goals to fruition when the time comes. To get started, send us a message or call our Westport or Glastonbury, CT estate planning offices at 860-548-1000.
Mr. Horowitz was awarded his Juris Doctor degree with honors from the University of Connecticut School of Law. While attending law school, Mr. Horowitz received the American Jurisprudence Award in Legal Ethics and the Nathan Burkan Award.
After graduation from law school, Mr. Horowitz continued his legal education at New York University School of Law where he received a Post Doctorate Law Degree in Taxation. He has also recently received a national achievement award.
Mr. Horowitz is admitted to practice before all the state courts in the State of Connecticut and the United States District Court.
Mr. Horowitz was selected for Super Lawyers in 2021, 2022 and 2023.